On Sun, Mar 12, 2017 at 5:40 PM, Fred Cisin via cctalk <cctalk@classiccmp.org> wrote: >>> I have a number of binders that have pretty thorough AIX documentation, >>> but >>> the trouble is, there are from security classes that were taught by >>> private >>> companies. Am I legally allowed to resell these? > > > On Sun, 12 Mar 2017, jim stephens via cctalk wrote: >> >> i wouldn't see why not. You aren't NDA'd on anything, and if they are not >> government issue >> you own them. >> IANAL of course. > > > While not a COPYRIGHT issue, it is possible, and not unlikely, that they > were considered to be part of the course work, and that those taking the > course may have agreed, explicitly or implicitly, not to pass them on.
Such an agreement would need to be in writing and explicit. Otherwise it's just like a text book which you bought for the class. See below for what you can do. > If there is not a statement about license on them, then it is a reasonably > safe risk. The person who took the course, and agreed to any such license > could be liable. If they want to take action, then they would have a weak > case based on not having made the license terms known and included in the > work. (mens rea, etc.) > > Similarly, although post Berne convention upholds copyright on works without > a copyright notice, failing to have a copyright notice is a really BAD idea. > > That doesn't mean that a litigious pubisher won't be a nuisance. > > > If it is a significant amount (many copies, high price each, etc.) then make > a good faith effort to contact the originator of the materials, and consult > a real IP lawyer. > > Also, be aware that legal advice here is often tainted by our own interests, > hence the fiction of "abandonware". Resell: sure. The copyright interest of the seller is extinguished when you purchase them by whatever means absent an explicit agreement to the contrary. Copy and upload the copy: No. Copyright Law would preclude that absent permission from the current owner of the copyright. Copy for yourself and then sell: Legal grey area, most likely not legal, but kinda depends on your local jurisdiction. Copy and upload to bitkeepers: Possibly the most beneficial thing you could do. Likely not a lawful copy, thought (see above). Warner